Online CPD module l Booklet l PowerPoint Presentation
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Online CPD module
Presentation time: 120 minutes
You have a judgment in your client’s favour. How do you now enforce it?
Should you get a bankruptcy notice? What is a garnishee order? Who is the sheriff? How do you get the debtor’s property sold? Is insolvency the best bet?
Working through several common scenarios, this practical seminar will consider step-by-step the various enforcement mechanisms available to creditors once they have a judgment in hand, including:
- identifying the assets
- the nature of the different options:
- garnishee/attachment orders
- charging orders
- sale orders
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- assessing the merits of the different options and when to apply them in particular cases
- pitfalls and problems
- how to keep control of the process
- difficulties that arise
- how the court officers and bailiffs work.
Author: Bob Hollyman
Published: 13 November, 2012
Any credible system of law must have means of enforcing judgments. Those who engage with the system need to be able to rely on it to ensure that successful litigants (whether plaintiff or defendant) receive their due.
This seminar is intended to pick up from the point where you have a final, sealed judgment in your client’s favour. Most judgments are financial, and that is the focus of this seminar. Other judgments may involve orders that a party do (or not do) something. Failure to comply with non-money judgments involves questions of contempt of court, the possibility of arrest, and of ancillary orders.
Judgments essentially fall into one or more of the following three categories:
Judgments for a sum of money; broadly, these are enforced by identifying, charging, and selling assets;
Judgments for possession of property (land or chattels); broadly, these are enforced by possession orders.
Judgments ordering that something be done (or not done); broadly, the failure to comply with such judgments is a question of contempt, and so these judgments are enforced by remedies for contempt: arrest and imprisonment, and sequestration of property.
Judgments may involve one or more of the above, and enforcement processes may be invoked accordingly.
For most enforcement processes, the judgment must first be sealed, and it is assumed that that step has been taken. Otherwise, leave is required. The main example where this is clearly contemplated in the Rules is in relation to pre-judgment charging orders.
It is also assumed that you have made it clear to the debtor that payment is required and enforcement processes will be commenced if payment is not made forthwith. In some instances you will strike a co-operative debtor who simply needs time to sell assets. While keeping the pressure on is important to ensure you and your client are not being taken for a ride, at the same time a debtor who does appear to have assets and a willingness to co-operate can save your client a lot of cost and difficulty. The critical factor here is information about the debtor and the assets.
The key legal provisions are:
Part 6 of the District Courts Act 1947;
Part 17 of the High Court Rules;
Part 15 of the District Court Rules 2009.
These are the slides included in the presentation.
Number of Slides: 34